PTO Payout Laws by State
Whether unused PTO must be paid when you leave, and when your final paycheck is due, for all 51 jurisdictions. Pick a state for the statute, the full rule and its source.
- 10 require payout
- 3 default to payout
- 38 depend on employer policy
Data updated
Showing all 51 jurisdictions.
| State | Payout at separation | Final paycheck (quit) | Final paycheck (fired) | Authority | Details |
|---|---|---|---|---|---|
| Alabama AL | Depends on employer policy | Next regular payday | Next regular payday | No statute; policy governs labor.alabama.gov | Full rule Calculate |
| Alaska AK | Depends on employer policy | Next regular payday that is at least 3 working days after the last day worked | Within 3 working days after termination | No statute; policy governs labor.alaska.gov | Full rule Calculate |
| Arizona AZ | Depends on employer policy | Next regular payday | Within 7 working days or the end of the next regular pay period, whichever is sooner | No statute; policy governs azleg.gov | Full rule Calculate |
| Arkansas AR | Depends on employer policy | Next regular payday | Next regular payday | No statute; policy governs labor.arkansas.gov | Full rule Calculate |
| California CA | Payout required by law | Within 72 hours of quitting; on the last day if at least 72 hours' notice was given | Immediately at the time of discharge | California Labor Code § 227.3 dir.ca.gov | Full rule Calculate |
| Colorado CO | Payout required by law | Next regular payday | Immediately; if the payroll unit is not operating, within 6 hours after its next workday starts, or 24 hours if the payroll unit is off-site | C.R.S. § 8-4-101(14)(a)(III); Nieto v. Clark's Market, Inc., 2021 CO 48 cdle.colorado.gov | Full rule Calculate |
| Connecticut CT | Depends on employer policy | Next regular payday | Next business day after discharge | Conn. Gen. Stat. § 31-76k cga.ct.gov | Full rule Calculate |
| Delaware DE | Depends on employer policy | Next regular payday or 3 business days after the last day worked, whichever is later | Next regular payday or 3 business days after the last day worked, whichever is later | Del. Code tit. 19, § 1109 delcode.delaware.gov | Full rule Calculate |
| District of Columbia DC | Depends on employer policy | Next regular payday or within 7 days of resignation, whichever is earlier | Next working day after discharge | D.C. Code §§ 32-1301(3), 32-1303 code.dccouncil.gov | Full rule Calculate |
| Florida FL | Depends on employer policy | Next regular payday | Next regular payday | No statute; policy governs floridajobs.org | Full rule Calculate |
| Georgia GA | Depends on employer policy | Next regular payday | Next regular payday | No statute; policy governs dol.georgia.gov | Full rule Calculate |
| Hawaii HI | Depends on employer policy | Next regular payday; at the time of quitting if one full pay period's notice was given | At the time of discharge, or the next working day if immediate payment is not possible | No statute; policy governs labor.hawaii.gov | Full rule Calculate |
| Idaho ID | Depends on employer policy | Next regular payday or within 10 working days, whichever is earlier | Next regular payday or within 10 working days, whichever is earlier | Idaho Code § 45-606 legislature.idaho.gov | Full rule Calculate |
| Illinois IL | Payout required by law | Next regular payday | Next regular payday | 820 ILCS 115/5 (Illinois Wage Payment and Collection Act) labor.illinois.gov | Full rule Calculate |
| Indiana IN | Depends on employer policy | Next regular payday | Next regular payday | Ind. Code § 22-2-5-1; Ind. Code § 22-2-9-2 faqs.in.gov | Full rule Calculate |
| Iowa IA | Depends on employer policy | Next regular payday | Next regular payday | Iowa Code § 91A.2(7)(b) legis.iowa.gov | Full rule Calculate |
| Kansas KS | Depends on employer policy | Next regular payday | Next regular payday | Kan. Stat. § 44-315 dol.ks.gov | Full rule Calculate |
| Kentucky KY | Depends on employer policy | Next regular payday or within 14 days, whichever is later | Next regular payday or within 14 days, whichever is later | Ky. Rev. Stat. § 337.010; Ky. Rev. Stat. § 337.055 apps.legislature.ky.gov | Full rule Calculate |
| Louisiana LA | Payout required by law | Next regular payday or within 15 days, whichever is earlier | Next regular payday or within 15 days, whichever is earlier | La. R.S. 23:631; La. R.S. 23:634 legis.la.gov | Full rule Calculate |
| Maine ME | Payout required by law | Next regular payday | Next regular payday | Me. Rev. Stat. tit. 26, § 626 legislature.maine.gov | Full rule Calculate |
| Maryland MD | Payout is the default | Next regular payday | Next regular payday | Md. Code, Lab. & Empl. § 3-505 labor.maryland.gov | Full rule Calculate |
| Massachusetts MA | Payout required by law | Next regular payday | Immediately (same day) | M.G.L. ch. 149, § 148 malegislature.gov | Full rule Calculate |
| Michigan MI | Depends on employer policy | As soon as the amount can be determined with due diligence | As soon as the amount can be determined with due diligence | Mich. Comp. Laws § 408.471 et seq. legislature.michigan.gov | Full rule Calculate |
| Minnesota MN | Depends on employer policy | Next regular payday (if that payday is less than 5 days after the last day, the second payday, but no later than 20 calendar days) | Within 24 hours of demand | Minn. Stat. §§ 181.13, 181.14 dli.mn.gov | Full rule Calculate |
| Mississippi MS | Depends on employer policy | Next regular payday | Next regular payday | No statute; policy governs dol.gov | Full rule Calculate |
| Missouri MO | Depends on employer policy | Next regular payday | Immediately (same day) | Mo. Rev. Stat. § 290.110 labor.mo.gov | Full rule Calculate |
| Montana MT | Payout required by law | Next regular payday or within 15 days, whichever is earlier | Immediately (within 4 hours or end of business day, whichever is first), unless a written policy extends it to the next regular payday or 15 days, whichever is earlier | Mont. Code Ann. § 39-3-205 erd.dli.mt.gov | Full rule Calculate |
| Nebraska NE | Payout required by law | Next regular payday or within 14 days, whichever is earlier | Next regular payday or within 14 days, whichever is earlier | Neb. Rev. Stat. §§ 48-1229, 48-1230 nebraskalegislature.gov | Full rule Calculate |
| Nevada NV | Depends on employer policy | Next regular payday or within 7 days, whichever is earlier | Immediately (same day) | NRS 608.0197; NRS 608.020-608.040 leg.state.nv.us | Full rule Calculate |
| New Hampshire NH | Depends on employer policy | Next regular payday (72 hours after quitting if you gave one pay period's notice) | Within 72 hours | N.H. Rev. Stat. §§ 275:43, 275:44, 275:49 dol.nh.gov | Full rule Calculate |
| New Jersey NJ | Depends on employer policy | Next regular payday | Next regular payday | N.J. Stat. § 34:11-4.3 nj.gov | Full rule Calculate |
| New Mexico NM | Depends on employer policy | Next regular payday | Within 5 days (10 days if paid by task, piece or commission) | N.M. Stat. §§ 50-4-4, 50-4-5 dws.nm.gov | Full rule Calculate |
| New York NY | Payout is the default | Next regular payday | Next regular payday | N.Y. Labor Law §§ 191(3), 195(5), 198-c dol.ny.gov | Full rule Calculate |
| North Carolina NC | Payout is the default | Next regular payday | Next regular payday | N.C. Gen. Stat. §§ 95-25.7, 95-25.12, 95-25.13(2) labor.nc.gov | Full rule Calculate |
| North Dakota ND | Payout required by law | Next regular payday | Next regular payday | N.D. Cent. Code § 34-14-09.2; N.D. Admin. Code § 46-02-07-10 nd.gov | Full rule Calculate |
| Ohio OH | Depends on employer policy | Next regular payday | Next regular payday | Ohio Rev. Code § 4113.15 codes.ohio.gov | Full rule Calculate |
| Oklahoma OK | Depends on employer policy | Next regular payday | Next regular payday | Okla. Stat. tit. 40, §§ 165.1, 165.3 oklahoma.gov | Full rule Calculate |
| Oregon OR | Depends on employer policy | Last day of work if you gave at least 48 hours' notice (excluding weekends and holidays); otherwise within 5 business days or next regular payday, whichever is earlier | End of next business day | Or. Rev. Stat. §§ 652.140, 652.150 oregon.gov | Full rule Calculate |
| Pennsylvania PA | Depends on employer policy | Next regular payday | Next regular payday | 43 Pa. Stat. § 260.5 (Wage Payment and Collection Law) dli.pa.gov | Full rule Calculate |
| Rhode Island RI | Payout required by law | Next regular payday | Next regular payday | R.I. Gen. Laws § 28-14-4 webserver.rilegislature.gov | Full rule Calculate |
| South Carolina SC | Depends on employer policy | Within 48 hours of separation or next regular payday, not to exceed 30 days | Within 48 hours of separation or next regular payday, not to exceed 30 days | S.C. Code § 41-10-10(2); § 41-10-50 (Payment of Wages Act) llr.sc.gov | Full rule Calculate |
| South Dakota SD | Depends on employer policy | Next regular payday or when the employee returns employer property | Next regular payday or when the employee returns employer property | S.D. Codified Laws §§ 60-11-10, 60-11-11 dlr.sd.gov | Full rule Calculate |
| Tennessee TN | Depends on employer policy | Next regular payday or within 21 days, whichever is later | Next regular payday or within 21 days, whichever is later | Tenn. Code § 50-2-103 tn.gov | Full rule Calculate |
| Texas TX | Depends on employer policy | Next regular payday | Within 6 calendar days of termination | Tex. Lab. Code § 61.014 efte.twc.texas.gov | Full rule Calculate |
| Utah UT | Depends on employer policy | Next regular payday | Within 24 hours of termination | Utah Code § 34-28-5 le.utah.gov | Full rule Calculate |
| Vermont VT | Depends on employer policy | Next regular payday (or the following Friday if there is no regular payday) | Within 72 hours of termination | Vt. Stat. tit. 21, § 342 legislature.vermont.gov | Full rule Calculate |
| Virginia VA | Depends on employer policy | Next regular payday | Next regular payday | Va. Code § 40.1-29 law.lis.virginia.gov | Full rule Calculate |
| Washington WA | Depends on employer policy | Next regular payday | Next regular payday | Wash. Rev. Code § 49.48.010 lni.wa.gov | Full rule Calculate |
| West Virginia WV | Depends on employer policy | Next regular payday | Next regular payday | W. Va. Code § 21-5-4 (Wage Payment and Collection Act) code.wvlegislature.gov | Full rule Calculate |
| Wisconsin WI | Depends on employer policy | Next regular payday (no later than 31 days after separation) | Next regular payday (no later than 31 days after separation) | Wis. Stat. § 109.01(3); Wis. Stat. § 109.03(2) dwd.wisconsin.gov | Full rule Calculate |
| Wyoming WY | Depends on employer policy | Next regular payday | Next regular payday | Wyo. Stat. § 27-4-104 dws.wyo.gov | Full rule Calculate |
No state matches that search. Try the full name, like "New Mexico", or a code like "NM".
Which states require PTO payout?
10 states treat accrued PTO as earned wages that must be paid at separation: California, Colorado, Illinois, Louisiana, Maine, Massachusetts, Montana, Nebraska, North Dakota, and Rhode Island. A further 3 default to payout unless the employer has a written forfeiture policy, and 38 leave it entirely to the employer's policy. Pick your state above for the statute and your final paycheck deadline.
How to read this table
Payout required by law means the state treats earned vacation or PTO as wages that must be paid when you leave, whatever the policy says.
Payout is the default means accrued PTO is paid at separation unless your employer gave you a clear written forfeiture policy in advance.
Depends on employer policy means there is no state rule on point, so your written policy or contract decides. A promise of payout in that policy is enforceable as wages.
Where this data comes from
-
Official state & federal sources
Rules link to the state labor agency or US Department of Labor page they come from.
-
Math you can check
Every result shows the formula and the numbers that went into it.
-
Dated data
Wage and law data last updated September 26, 2026.
-
Private by design
Calculations run in your browser. No account, no email, no paywall.
Read the guide behind this calculator
- PTO Laws · 7 min read PTO Payout Laws by State: The Complete 2026 GuideDiscover which states legally require employers to pay out unused PTO when you quit or get fired. Check our 2026 state-by-state guide.
- PTO Laws · 4 min read What Happens to Your PTO When You Get Laid Off?Find out if your employer must pay your unused PTO after a layoff, how the WARN Act protects you, and exactly what steps to take in your first 48 hours.
- PTO Laws · 4 min read Unlimited PTO: Do You Get Paid Out When You Quit? (2026)Most employees with unlimited PTO are surprised to learn they may receive nothing when they leave. Here's the truth about unlimited PTO payout laws in 2026.